3/10/2014
Town of Queen Creek Mail - RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in favor!
Amy Morales <[email protected]>
RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in fav or!
Chris Narancic <[email protected]>
Fri, Mar 7, 2014 at 1:54 AM
To: [email protected], Chris Anaradian <[email protected]>,
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected]
Cc: [email protected], Jeff Garrett <[email protected]>, [email protected],
[email protected]
Queen Creek Planning and Zoning Commission,
I wanted to provide you with an update about the recent change of position from opposition to that of
support for amendment GP13-30 from the neighbors in Sonoqui Creek Ranch. The residents of Sonoqui
Creek Ranch have been working with Jeff Garret to develop a mutually beneficial list of requirement and
design plans that has mitigated the original concerns of neighbors who believed they would be adversely
impacted by the new development.
Why the change of opinion?
In the beginning we were passionately opposed to Mr. Garret requesting a land designation change to
use smaller lots in our adjacent neighborhood. We feared it would create more neighborhood traffic,
would decay our home values, would ruin the rural characteristics of our neighborhood and would create
an abundance of 2-story cookie cutter homes that would block our view or invade our privacy. To combat
that, an online petition was started and I created a PowerPoint deck that was submitted with Wayne’s
report.
However, in doing research and trying to take a data driven approach to each of our concerns, we were
surprised to find that nearly all our concerns were either not substantiated with data or were mitigated by
the requirements and proposals that Mr. Garret agreed to which in turn has made us favor this
amendment.
Property Value Will Not Decrease:
We gathered the lot sizes of all the surrounding development’s adjacent to Sonoqui Creek Ranch using
the Maricopa assessors webpage and then used Zillow to find the “zestimate” cost for each home and
calculated an average cost and so ft. comparison for each development. We then did the same thing for
Roman Estates and Victoria Estate, which are comparable to what Mr. Garret is currently proposing.
What we found is that 18,000 sq ft properties are nearly the same price as 32,000+ sq. ft. properties. This
put to rest our initial belief that lower sq. lots were less valuable and would drag our home costs down.
In fact, if the developer did stick to the 32,000 sq. ft. lots that he is currently approved/zoned for, it may
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3/10/2014
Town of Queen Creek Mail - RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in favor!
actually drop our property value by making our older lots less desirable. Would a prospective buyer
really want to buy homes 8+ years old when they could buy a new home at the same lot size in a new
neighboring development? Additionally, the law of supply and demand should work out better for us
because there would be fewer 32,000+ ft lots available on the market, therefore increasing demand/cost.
Rural Characteristics Not Impacted:
Many of the Sonoqui Creek Ranch residents drove through Emperor and Victoria Estates and were
pleasantly surprised on how nice those neighborhoods are. They are all one story, have tree lined streets
, the houses look custom and different, and there is good amount of space between the homes. When
we compared these neighborhoods to our own, we realized there are many cons in our large lot
neighborhood such as an abundance of undeveloped lots that are 9 years old (dust/weeds/eyesore),
paths that aren’t maintained by our HOA and front-yards that were never fully completed when the
homes were built. Even though we like the rural appeal of our neighborhood for the most part, having an
adjacent development fully built out could be advantageous to reducing dust and creating a completed
look and feel that we don’t currently have. Mr. Garret has also committed to buffering our development
property lines with larger 32,000 & 22,000 sq ft properties which gives our neighborhood a similar look and
feel that we were expecting with the currently approved zoning.
No 2 Story Homes:
Mr. Garret has committed to only single story homes and has provided a legally binding way to enforce
this. We also come to realize that the current zoning /CC&Rs has no restrictions on 2 story homes on this
property, which makes Mr. Garrets agreement more advantageous than what’s currently zoned.
No Neighborhood Traffic Impact:
Mr. Garret has also committed to not having the currently approved/planned streets connect our
neighborhood to the new development, therefore removing our concern of having increased traffic,
noise and traffic flowing through our neighborhood street (pending Towns approval, which we ask the
Town to approve).
Improved Trail Access:
Mr. Garret has also committed that Phase 1 & 2 folks would have horse trail access that routes around the
new development and gets them to the Sonoqui Creek Trail in a safe and open manner.
Risk:
A lot of the neighbors felt it was important to work with a developer who has been willing to take our
feedback and turn them into legally binding requirements vs rejecting him and the amendment. If we
were to oppose this amendment, it’s possible that the commission or council could later sympathize to
higher density zoning given the new focus for Queen Creek to sustain ongoing growth which could lead to
an increase in higher density zoning.
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3/10/2014
Town of Queen Creek Mail - RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in favor!
Conclusion:
A large majority of Sonoqui Creek residents who have been participating in the neighborhood meeting
process no longer oppose this change but actually welcome it. The data suggests that the property values
won’t go down and the legally binding requirements that the developer agreed to means we won’t have
new through traffic, we won’t have 2 story homes and our adjacent buffer lots maintain similar size, look
and feel that we bought into.
Town Staff and Commission Requests:
I formally request that the town planning staff and commission remove my previous presentation
(Sonoqui_Creek_Village%20Response_v8.pdf) from the record since it’s no longer valid given the
agreement we have made with Mr. Garret. I also ask that you remove from the record (or ignore) the
online petition that we signed as it no longer represents the majority opinion of the neighbor’s based on
the agreements we have entered in with Mr. Garret. In addition, the online petition doesn’t capture the
opinions of the folks who have been regularly participating in the neighborhood meetings and providing
requirements to Mr. Garret for us to arrive at this mutually beneficial agreement. There may be a couple
residents who I suspect are still in opposition to the change, but unfortunately they haven’t participated
In the last 2 neighborhood meetings nor have they replied to my recent email attempts, they may or may
not be present in next week’s meeting.
The developer is gathering support letters to help illustrate our change of opinion for the amendment. If
there are other means you need to help illustrate our support for the GP13-030 amendment and the
associated agreements with Mr.Garret, please let us know.
Unfortunately I will be out of town on business during next week’s meeting, If helpful, I can send in a
statement to be read during the session if that’s allowed.
Thanks for your time.
Thanks,
Chris Narancic
24318 S. 198th Pl
Sonoqui Creek Ranch Phase 3
C
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3/10/2014
Town of Queen Creek Mail - RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in favor!
Fr om: Chris Narancic [mailto:[email protected]]
Sent : Wednesday, December 04, 2013 4:24 PM
To: '[email protected]'; [email protected]; [email protected];
[email protected]; '[email protected]'; [email protected];
[email protected]; [email protected]; [email protected]
Cc: [email protected]; [email protected].
Subject : GP13-030; Sonoqui Creek Ranch HOA Opposition
Queen Creek Planning & Zoning Commission,
I wanted to share with you feedback that the Sonoqui Creek Ranch residents have collectively put
together in the attached presentation. To date, we have had several meetings with Garret Development
to discuss our concerns and goals for the land in GP13-030 that was previously owned and planned by
the original developer of our Sonoqui Creek Ranch development. The original owner and his associated
plot map and bylaws had provided current as well as prospective Sonoqui Creek residents confidence
that the future build out of this property (Phase 4A & Phase 4B) would stay very low density, single story
custom homes that are aligned with the rural characteristics defined in the goals of the Town’s General
Plan.
The original developer had defined a 96 plot plan which greatly contrasts Garret’s current proposal of
168. This difference will result in our plot density increasing by 43%, it introduces up to 138 two-story
homes that weren’t previously allowed, and it adds approximately 164 more cars than what was not
originally planned (see attached). The original developer also had stipulations that restricted the plots to
single story homes, 3,500 sq. ft. house minimums and spacious setbacks of 40’ in the front/back and 20’
on the side, which kept the large lot, custom home, character of our community and upheld the goals set
forth in the Town’s General Plan.
Given the exceptionally low cost at which the developer was able to acquire this distressed land and the
opportunity for him to still be extremely profitable with the 96 plot plan, we feel the developer needs to
make a better effort to meet the original 96 plot layout, keep the single story home restriction, ensure
new homes are custom (no shared home plans) and keep the forth mentioned setbacks.
Several times we have asked the developer to propose an alternative plan that our community can rally
behind but in return we have only received minimal changes which doesn’t meet any of our requests. For
this reason, the residents of Sonoqui Creek Ranch stand united in opposition to GP13-030 and we ask the
Town’s Planning Commission and the Town Council to reject this proposal and show their support for
the established residents in the area who would be adversely impacted by this proposed change.
Please review the attached presentation for feedback on GP13-030 in addition to the information that
Wayne’s staff has put together (A slightly older version of this attachment is included in that report).
Thanks,
Chris Narancic / Sonoqui Creek Home Owners
Link to attached document: https://www.dropbox.com/s/p7muzyd3agvbzyq/Sonoqui_Creek_
Village%20Response_v8.pdf
PS: Very impressed with Wayne’s team and how organized and structured the Town’s amendment and
feedback process is.
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3/10/2014
Town of Queen Creek Mail - RE: GP13-030; Sonoqui Creek Ranch HOA Opposition - We are now in favor!
3 attachments
Letter of Support Signed and Site Plan 3-6-2014.pdf
1399K
Major GPA Rezoning Agreement v6 and Declaration v5 and Site Plan 3-6-201....pdf
2875K
13-082 - Illustrative Master Plan-2014-03-04.pdf
2203K
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March 6, 2014
Honorable Mayor Gail Barney and Town Council Members
Mr. Steve Ingram, Chairman and Planning and Zoning Commissioners
Town of Queen Creek
22350 South Ellsworth Road
Queen Creek, AZ 85142
RE: GP13-030; Sonoqui Creek Village General Plan Amendment Request
Dear Mayor, Council Members and Planning Commissioners:
I support changing the General Plan Designation on the above-referenced property from Very Low
Density Residential (VLDR) to Low Density Residential (LDR) to accommodate the development of the site
plan as attached to this letter (EPS Illustrative Master Plan L-1.01B; 03.04.2014) which shows 114 lots in
the General Plan Amendment Area and a total of 135 lots for the project (“Proposed Project”). In fact, I
prefer the Proposed Project to the currently approved entitlements.
Mr. Garrett has worked diligently with the neighbors to address our concerns in regard to this
project. I believe that the following development standards to which Mr. Garrett has agreed will lead to
the creation of a high quality residential development in our area of Town:
1. The square footage of each lot within Sonoqui Creek Village will be equal to, or greater than,
18,000 square feet.
2. There shall be a minimum ground floor livable area of 2,500 square feet
3. The minimum building setbacks will be those required by the Town of Queen Creek Zoning
Ordinance in the R1-18 Zoning District as follows: Front Yard 25’ Rear Yard: 30’ Side Yard: 10’.
4. All lots will be restricted to single story homes (however, basements are allowed). Storage,
attic/crawl space, mechanical equipment and typical other uses/areas will be allowed above
ground level areas.
5. The maximum roof height of each home will be equal to or less than 28’.
6. Sonoqui Creek Village shall be designed so the drainage from the development will not affect
Sonoqui Creek Ranches Phases 1, 2 and 3.
7. Subject to Town approval, 198th Place from Sonoqui Creek Ranch Phase 3 will not be extended
into and connect to Sonoqui Creek Villages.
8. Subject to Town approval, E. Natalie Way, from Sonoqui Creek Ranch Phase 2 will not be
extended into and connect to Sonoqui Creek Villages.
9. Subject to Town approval, access for pedestrians and horse shall be provided through Sonoqui
Creek Villages to the Sonoqui Creek Wash.
Page 2
Honorable Mayor Gail Barney and Town Council
Mr. Steve Ingram and Fellow Planning and Zoning Commissioners
March 6, 2014
It is my understanding that Mr. Garrett has agreed that the zoning case which will follow this General
Plan Amendment request will be consistent with the site plan and these development standards as
evidenced by his signature below. Please have your Planning Department staff keep this list of conditions
in the Sonoqui Creek Village file so they are available for reference when the zoning case is filed.
I encourage you to support Mr. Garrett’s General Plan Amendment request.
Sincerely,
_________________________________
Name
_________________________________
Address
_________________________________
Email
Accepted and Agreed to this 6th day of March, 2014. By:
KEMF HAWES & RIGGS, LLC an Arizona limited liability company
By: KEMF HR Investments, LLC, an Arizona limited liability company
Its: Member
By: The Kemper and Ethel Marley Foundation, an Arizona nonprofit corporation
Its: Manager
Nancy Ball
By: __________________________
Nancy Ball, Vice President
LEGEND
7 2
7
15
17
18
12
10
1
3
10
7
9
2
10
10
11
6
16
10
10
5
7
13
MAIN ENTRY
2
TRAIL ACCESS TO SONOQUI WASH
3
STRUCTURED PLAY AREA
4
ROUNDABOUT
5
DECORATIVE PAVING
6
SONOQUI CREEK VILLAGE TRAIL
7
SONOQUI CREEK EQUESTRIAN TRAIL
8
RIGGS ROAD STREETSCAPE
9
HAWES ROAD STREETSCAPE
10
COMMUNITY STREETSCAPE
11
SECONDARY ENTRY
12
EMERGENCY ACCESS
13
+/- 30'-0" SETBACK (+ 10'-0" EXISTING)
14
+/- 73'-0" SETBACK (+ 40'-0" EXISTING)
15
+/- 90'-0" SETBACK
16
+/- 30'-0" SETBACK
17
+/- 10'-0" SETBACK (+ 10'-0" EXISTING)
18
TABLE MESA BROWN DECOMPOSED GRANITE
NOTE: ALL LOTS SINGLE STORY HOMES
PROJECT SITE DATA
4
7
1
DESCRIPTION
3
13
6
14
TOTALS
GROSS SITE AREA
124.43 AC
NET SITE AREA
118.60 AC
TOTAL LOTS
135 LOTS
GROSS DENSITY (DU/NET AC)
1.08 DU/AC
NET DENSITY (DU/NET AC)
1.14 DU/AC
SONOQUI WASH ACRES
18.12 ACRES
OPEN SPACE (EXCLUDES WASH)
LOTS
LOT TYPE
10
12
9
11
8%
130' x 170' (22,100 SQ FT)
22
16 %
120' x 150' (18,000 SQ FT)
102
76 %
135
100 %
10
5
8
1
0
75
150
13-082
Scale: 1" = 150'-0"
KEMF Hawes & Riggs LLC
C/O
Garrett Development Corp
Sonoqui Creek Village
L-1.01B
Queen Creek, Arizona
Illustrative Master Plan
% OF LOT
203' x 170' (34,510 SQ FT)
TOTAL
14
+/- 20.20 ACRES
03.04.2014
300
LEGEND
7 2
15
7
10
3
2
7
10
10
11
1
MAIN ENTRY
2
TRAIL ACCESS TO SONOQUI WASH
3
STRUCTURED PLAY AREA
4
ROUNDABOUT
5
DECORATIVE PAVING
6
SONOQUI CREEK VILLAGE TRAIL
7
SONOQUI CREEK EQUESTRIAN TRAIL
8
RIGGS ROAD STREETSCAPE
9
HAWES ROAD STREETSCAPE
10
COMMUNITY STREETSCAPE
11
SECONDARY ENTRY
12
EMERGENCY ACCESS
13
+/- 30'-0" SETBACK (+ 10'-0" EXISTING)
14
+/- 73'-0" SETBACK (+ 40'-0" EXISTING)
15
+/- 90'-0" SETBACK
16
+/- 30'-0" SETBACK
6
16
NOTE: ALL LOTS SINGLE STORY HOMES
10
10
PROJECT SITE DATA
4
7
7
13
TOTALS
DESCRIPTION
5
3
13
6
GROSS SITE AREA
107.44 AC
NET SITE AREA
103.11 AC
TOTAL LOTS
114 LOTS
GROSS DENSITY (DU/NET AC)
1.06 DU/AC
NET DENSITY (DU/NET AC)
1.11 DU/AC
18.12 AC
SONOQUI WASH ACRES
OPEN SPACE (EXCLUDES WASH)
14
LOTS
% OF LOT
203' x 170' (34,510 SQ FT)
11
10 %
130' x 170' (22,100 SQ FT)
16
14 %
120' x 150' (18,000 SQ FT)
87
76 %
114
100 %
LOT TYPE
10
12
9
TOTAL
10
5
14
8
1
0
75
150
13-082
Scale: 1" = 150'-0"
KEMF Hawes & Riggs LLC
C/O
Garrett Development Corp
Sonoqui Creek Village
L-1.01A
Queen Creek, Arizona
Illustrative Master Plan
+/- 16.70 AC
03.04.2014
300
LEGEND
7 2
7
15
17
18
12
10
1
3
10
7
9
2
10
10
11
6
16
10
10
5
7
13
MAIN ENTRY
2
TRAIL ACCESS TO SONOQUI WASH
3
STRUCTURED PLAY AREA
4
ROUNDABOUT
5
DECORATIVE PAVING
6
SONOQUI CREEK VILLAGE TRAIL
7
SONOQUI CREEK EQUESTRIAN TRAIL
8
RIGGS ROAD STREETSCAPE
9
HAWES ROAD STREETSCAPE
10
COMMUNITY STREETSCAPE
11
SECONDARY ENTRY
12
EMERGENCY ACCESS
13
+/- 30'-0" SETBACK (+ 10'-0" EXISTING)
14
+/- 73'-0" SETBACK (+ 40'-0" EXISTING)
15
+/- 90'-0" SETBACK
16
+/- 30'-0" SETBACK
17
+/- 10'-0" SETBACK (+ 10'-0" EXISTING)
18
TABLE MESA BROWN DECOMPOSED GRANITE
NOTE: ALL LOTS SINGLE STORY HOMES
PROJECT SITE DATA
4
7
1
DESCRIPTION
3
13
6
14
TOTALS
GROSS SITE AREA
124.43 AC
NET SITE AREA
118.60 AC
TOTAL LOTS
135 LOTS
GROSS DENSITY (DU/NET AC)
1.08 DU/AC
NET DENSITY (DU/NET AC)
1.14 DU/AC
SONOQUI WASH ACRES
18.12 ACRES
OPEN SPACE (EXCLUDES WASH)
LOTS
LOT TYPE
10
12
9
11
8%
130' x 170' (22,100 SQ FT)
22
16 %
120' x 150' (18,000 SQ FT)
102
76 %
135
100 %
10
5
8
1
0
75
150
13-082
Scale: 1" = 150'-0"
KEMF Hawes & Riggs LLC
C/O
Garrett Development Corp
Sonoqui Creek Village
L-1.01B
Queen Creek, Arizona
Illustrative Master Plan
% OF LOT
203' x 170' (34,510 SQ FT)
TOTAL
14
+/- 20.20 ACRES
03.04.2014
300
MAJOR GENERAL PLAN AMENDMENT AND REZONING AGREEMENT
This Major General Plan Amendment and Rezoning Agreement (“Agreement”) is entered
into effective as of March ___, 2014, by and between KEMF Hawes & Riggs, LLC, an Arizona
limited liability company (“KEMF”), and the Consenting Owners whose name, address, APN
(defined below) and signatures appear below (collectively, “Consenting Owners”) (KEMF and
the Consenting Owners are, collectively the “Parties”).
RECITALS
A.
KEMF is the owner of an approximately 124 acre parcel of real property in the
Town of Queen Creek (“Town”) described in Exhibit A (the “KEMF Property”).
B.
The Consenting Owners own real property (collectively “Consenting Owners’
Property”) located near or adjacent to the KEMF Property. The address and Maricopa County
Assessor Parcel Number (“APN”) for each Consenting Owner’s respective parcel is included
with such Consenting Owner’s signature below.
C.
KEMF has requested a change to the Town’s General Plan Designation for a
portion of KEMF’s Property located south and west of the Sonoqui Wash (approximately 107
acres), resulting in the designation of this portion of KEMF’s Property to Low Density
Residential under Case No. GP13-030 (“General Plan Amendment Case”).
D.
If the General Plan Amendment Case is approved by the Town, KEMF will
request a change to the Town’s Zoning Designation for KEMF’s Property, resulting in the
rezoning of the KEMF’s Property from R1-35 to a zoning designation that will allow for the
development of 139 single family lots with a minimum lot size of 18,000 square feet (“Rezoning
Case”).
E.
The Consenting Owners have expressed concerns regarding the potential impacts
on the Consenting Owners’ Property if the Town approves changes to the KEMF Property under
the General Plan Amendment Case and the Rezoning Case. KEMF has agreed to certain
development standards to address the concerns of the Consenting Owners.
F.
The Consenting Owners agree to support KEMF in its efforts to gain the Town’s
approval of the General Plan Amendment Case and the Rezoning Case in consideration for
KEMF agreeing to record certain restrictive covenants against the KEMF Property which shall
be binding on all owners and any subsequent purchasers of the KEMF Property after the Town’s
approval of the General Plan Amendment Case and Rezoning Case.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements set forth herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1.
Recitals. The foregoing Recitals are hereby affirmed by the Parties as true and
correct and are incorporated herein by this reference.
2.
Declaration of Restrictions.
Provided the Town approves the General
Amendment Case and the Rezoning Case as submitted by KEMF (“Town’s Approval”), KEMF
hereby agrees that it will record the Declaration of Restrictive Covenants in the form attached
hereto as Exhibit B (the “Declaration”) against the KEMF Property.
3.
Consideration. In consideration for KEMF’s obligations under Section 2 above,
the Consenting Owners agree (a) to support the General Plan Amendment Case and Rezoning
Case consistent with the Declaration and the site plan for the Property attached hereto as Exhibit
C (“Site Plan”), and (b) that they will not, nor will they cause, encourage or support any other
person or entity to, impede, protest or otherwise object to the General Plan Amendment Case and
the Rezoning Case. However, in the event of a material change to the Site Plan, the provisions
of this Section 3 shall not apply.
4.
Contingency. KEMF’s obligations under this Agreement are contingent upon
KEMF obtaining final approval, in a form that is consistent with the development standards
within the Declaration and is acceptable to KEMF, of the General Plan Amendment Case and the
Rezoning Case, and the expiration of any appeal period for such approval passing without any
appeal having been filed (“Final Approval”). If Final Approval is not obtained by September
30, 2015, then this Agreement shall terminate and be on no further force and effect.
5.
Binding Effect. The matters set forth in this Agreement shall be binding upon
KEMF and the Consenting Owners, and their successors and assigns.
6.
Miscellaneous. This Agreement may be signed in counterparts. Fax copies and
electronically scanned copies of the executed signature pages of this Agreement shall be
effective and binding upon the parties as if such signatures were original signatures. This
Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the
State of Arizona. This Agreement contains the entire agreement of the parties hereto with
respect to the matters covered hereby, and supersedes all prior agreements, arrangements and
understandings between the parties, and no other agreement, statement or promise made by
either party hereto that is not contained herein shall be binding or valid.
[Signatures on Following Page]
above.
In witness whereof, the parties have executed this Agreement as of the day and year listed
KEMF:
KEMF Hawes & Riggs, LLC, an Arizona limited liability company
By:
Its:
KEMF HR Investments, LLC, an Arizona limited liability company
Member
By:
Its:
The Kemper and Ethel Marley Foundation, an Arizona nonprofit corporation
Manager
By:
__________________________
Nancy Ball, Vice President
CONSENTING OWNERS:
1.
2.
3.
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
4.
5.
6.
7.
8.
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
9.
10.
11.
12.
13.
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
Signature:
_________________________
_________________________
14.
15.
16.
17.
18.
Name(s):
Address:
APN:
_________________________
_________________________
_________________________
Signature:
_________________________
Signature:
_________________________
Name(s):
Address:
APN:
_________________________
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EXHIBIT A
Legal Description of KEMF Property
EXHIBIT B
Declaration of Restrictive Covenants
WHEN RECORDED, RETURN TO:
Jeff Garrett
Garrett Real Estate Holdings, LLC
6991 E. Camelback Road, Suite B-297
Scottsdale, AZ 85251
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants ( “Declaration”) is made as of this
____ day of __________________, 201___, by KEMF Hawes & Riggs, LLC, an Arizona
limited liability company (“Declarant”) in favor of and for the benefit of the ___ ( )
Consenting Owners named on Exhibit A attached hereto.
RECITALS
A.
Declarant holds fee simple title to that certain real property located in the
Town of Queen Creek (the “Town”), Maricopa County, Arizona, which is more
particularly described on Exhibit B attached hereto (the “Property”).
B.
Declarant intends to enable the development of the Property into a
community of single-family residential lots (a “Lot” or Lots”) called Sonoqui Creek
Village (the “Project”).
The “Consenting Owners” own various parcels of real property adjacent
C.
to or near the Project and have executed an agreement (the “General Plan Amendment
and Rezoning Agreement”) by which the Consenting Owners have agreed to support the
general plan amendment and rezoning requests made by Declarant for the Project.
D.
Pursuant to the General Plan Amendment and Rezoning Agreement,
Declarant has agreed to restrict the development of the Property by imposing certain
restrictive covenants, all in accordance with the terms of this Declaration.
DECLARATION
NOW THEREFORE, in consideration of the performance by each of the
Consenting Owners under the Rezoning Agreement, Declarant, for itself and each of its
successors and assigns, hereby declares that the Property shall be held, sold and conveyed
subject to this Declaration and the hereinafter described covenants, conditions, and
restrictions:
1.
Incorporation of Recitals. Each of the foregoing Recitals set forth above
is hereby affirmed by the parties as true and correct and are incorporated into this
Declaration by this reference and is made a part hereof.
2.
Restrictive Covenant. Declarant hereby covenants and agrees, for itself
and its successors and assigns, that the following restrictive covenants in favor of the
Consenting Owners shall be applicable:
(a)
Minimum Lot Square Footage. The gross square footage of each
Lot will be equal to, or greater than, 18,000 square feet.
(b)
Minimum Home Size. The ground floor area of any home situated
upon a Lot will be equal to, or greater than, 2,500 square feet.
(c)
Setbacks. The minimum building setbacks for any home situated
upon a Lot will be as follows: (i) Front Yard, 25 feet (ii) Rear Yard, 30 feet and (iii)
Side Yard, 10 feet.
(d)
Building Construction. All Lots will be restricted to single-story
homes; provided, however: (i) basements are allowed; and (ii) storage, attic/crawl space,
mechanical equipment and other similar or typical uses or areas will be allowed above
ground level and first-story areas.
(e)
Maximum Building Height. The maximum roof height of any
home situated upon a Lot will be equal to or less than 28 feet.
(f)
Drainage. The Project shall be designed so that surface-water
drainage from the Project will not have any adverse effect on the lots in Sonoqui Creek
Ranch Subdivision Phases 1, 2 and 3.
(g)
No Extension of 198th Place. Unless required by the Town, 198th
Place from Sonoqui Creek Ranch Phase 3 will not be extended into and connect to the
Project.
(h)
No Extension of East Natalie Way. Unless required by the Town,
East Natalie Way, from Sonoqui Creek Ranch Phase 2 will not be extended into and
connect to the Project.
(i)
Sonoqui Creek Wash Access.
Subject to Town approval,
reasonable access for pedestrians and horses from Sonoqui Creek Ranch Subdivision
Phases 1 and 2 shall be provided through Sonoqui Creek Villages to the Sonoqui Creek
Wash in areas designated by Declarant.
3.
Covenants Running with the Land. The restrictions set forth in Section
2 above shall run with the land and be binding on Declarant and all persons having or
acquiring any right, title or interest in and to any Lot, and their successors and assigns.
Upon the recordation of a subdivision plat that subdivides the Property into Lots, this
Declaration shall automatically be released from any portion of the Property subdivided
into anything other than Lots (e.g., common area tracts and roadways).
2
4.
Attorneys’ Fees. If any party hereto shall bring an action or other
proceeding to interpret or enforce any of the terms of this Declaration, then the prevailing
party therein shall be entitled to recover its costs and expenses, including reasonable
attorneys’ fees, in such amounts as may be determined by the court or arbitrator having
jurisdiction thereof.
5.
Zoning. Nothing herein shall prevent the Declarant or future owner of the
Property from rezoning the Property to R1-35. If the Property is rezoned to R1-35, then
this Declaration shall be deemed terminated and of no further force and effect, without
any further requirement for the recording of a termination document.
6.
Captions. The captions preceding each paragraph hereof are included only
for convenience of reference and shall be disregarded in the construction and
interpretation of this Declaration.
7.
Governing Law. This Declaration shall be governed by and construed
pursuant to the provisions of the laws of the State of Arizona, without giving any effect to
the principles of the conflicts of law.
8.
Exhibits. Each of the Exhibits attached to this Declaration are hereby
incorporated into this Declaration by reference and are made a part hereof.
[Signatures on Following Page]
3
IN WITNESS WHEREOF, Declarant has executed this Declaration effective as
of the date first above written:
DECLARANT:
KEMF HAWES & RIGGS, LLC an Arizona limited liability company
By: KEMF HR Investments, LLC, an Arizona limited liability company
Its: Member
By: The Kemper and Ethel Marley Foundation, an Arizona nonprofit
corporation
Its: Manager
By: __________________________
Nancy Ball, Vice President
STATE OF ARIZONA
County of Maricopa
)
) ss.
)
Acknowledged before me this ___ day of _________________ 201_, by Nancy
Ball, the Vice President of The Kemper and Ethel Marley Foundation, an Arizona
nonprofit corporation , for and on behalf of the corporation.
______________________________
Notary Seal/Stamp
______________________________
Notary Public
4
EXHIBIT A
Names of Consenting Owners
A
EXHIBIT B
Legal Description of the Property
B
EXHIBIT C
Site Plan
LEGEND
7 2
7
15
17
18
12
10
1
3
10
7
9
2
10
10
11
6
16
10
10
5
7
13
MAIN ENTRY
2
TRAIL ACCESS TO SONOQUI WASH
3
STRUCTURED PLAY AREA
4
ROUNDABOUT
5
DECORATIVE PAVING
6
SONOQUI CREEK VILLAGE TRAIL
7
SONOQUI CREEK EQUESTRIAN TRAIL
8
RIGGS ROAD STREETSCAPE
9
HAWES ROAD STREETSCAPE
10
COMMUNITY STREETSCAPE
11
SECONDARY ENTRY
12
EMERGENCY ACCESS
13
+/- 30'-0" SETBACK (+ 10'-0" EXISTING)
14
+/- 73'-0" SETBACK (+ 40'-0" EXISTING)
15
+/- 90'-0" SETBACK
16
+/- 30'-0" SETBACK
17
+/- 10'-0" SETBACK (+ 10'-0" EXISTING)
18
TABLE MESA BROWN DECOMPOSED GRANITE
NOTE: ALL LOTS SINGLE STORY HOMES
PROJECT SITE DATA
4
7
1
DESCRIPTION
3
13
6
14
TOTALS
GROSS SITE AREA
124.43 AC
NET SITE AREA
118.60 AC
TOTAL LOTS
135 LOTS
GROSS DENSITY (DU/NET AC)
1.08 DU/AC
NET DENSITY (DU/NET AC)
1.14 DU/AC
SONOQUI WASH ACRES
18.12 ACRES
OPEN SPACE (EXCLUDES WASH)
LOTS
LOT TYPE
10
12
9
11
8%
130' x 170' (22,100 SQ FT)
22
16 %
120' x 150' (18,000 SQ FT)
102
76 %
135
100 %
10
5
8
1
0
75
150
13-082
Scale: 1" = 150'-0"
KEMF Hawes & Riggs LLC
C/O
Garrett Development Corp
Sonoqui Creek Village
L-1.01B
Queen Creek, Arizona
Illustrative Master Plan
% OF LOT
203' x 170' (34,510 SQ FT)
TOTAL
14
+/- 20.20 ACRES
03.04.2014
300